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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 37855
Experience:  16 years real estate, Realtor. Landlord 26 years
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The previous owner of my property purchased part of the

Customer Question

the previous owner of my property purchased part of the neighbor's lot. The parking strip in front of my now owned property has this neighbor's mailbox. This property is now being redeveloped. Can i now have this mailbox removed? My concern is that he will not only construct a new mailbox but will remove my landscape surrounding the mailbox.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question.

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As odd as it sounds, the USPS owns all mailboxes so from a purely legal perspective you would need to contact the local Postmaster in your town to get them to allow you to remove the box if that address is such that the new strip has been added to the other plot of land if the mailbox is not located on the actual land that is services.

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Another option would be to contact the neighbor in writing and tell them that their mailbox is located on your property and it needs to be relocated off your property so as to be on the actual property that it serves or you will remove it to prevent the further encroachment onto your land.

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A final option would be if there is no one there. just taking town the box quickly and quietly and seeing if anyone raised an objection... If someone tried to erect a new box on your land, you could confront them and show them that this is your land and they need to erect the box elsewhere.

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If the box was removed, then the neighbor wouldn't have any legal right to trespass onto your property to add a new box.

I know which option I would take...

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thanks

Barrister

Customer: replied 1 year ago.
The mailbox is located on the parking strip which technically is owned by the city but which the property owner fronting the strip is responsible to maintain. Due to the construction, they are damage the existing mailbox beyond repair
Expert:  Barrister replied 1 year ago.

Ok, that makes a huge difference if it actually isn't owned by you as you wouldn't have any legal right to remove a mailbox that wasn't on your property..

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So if it is still being used for the address that it services, then it would be up to that service address to repair or replace the mailbox, but the duty still falls on you to maintain that strip. So it kind of puts you in the worst case scenario....you have to maintain the strip, but you don't own it or have any legal rights to prevent anyone else from using it...

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I am sorry that the news isn't better...

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thanks

Barrister